20-000295N Ameni Selmi And Mondher Tahar Ghali, Individually And As Natural Parents Of Oubey Ghali (Deceased) vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, December 29, 2020.

Summary: The Amended Stipulation and Joint Petition is approved.

P RELIMINARY S TATEMENT

On January 13, 2020, Petitioners , Ameni Selmi and Mondher Tahar

Ghali, i ndividually and as parents of Oubey Ghali (Oubey), filed a Petition for

Determina tion of Compensability Pursuant to Florida Statute Section

766.301, et al. (Petition). The Petition named Shereen Oloufa, M.D., as the

attending physician, and Orlando Health Central as the hospital where

Oubey was born. On January 29, 2020, NICA, Dr. Olou fa, and Orlando

Health Central were served by certified mail with the Petition, and certified

return receipts indicate that all received the Petition.

On March 4, 2020, Dr. Oloufa and Orlando Health Central moved to

intervene, and leave to do so was grant ed by Order dated March 12, 2020. On

September 2, 2020, Petitioners filed a Suggestion of Death, advising that Oubey had passed away. On September 10, 2020, NICA filed a Notice of

Compensability and Request for Evidentiary Hearing. After an approved

extens ion of time, Petitioners filed a Notice of Acceptance of Respondent’s

Determination of Compensability, but some additional time was requested

and granted so that counsel for the parties could work out the terms of

settlement and communicate those to Petiti oners. On December 11, 2020, the

parties filed a Stipulation and Joint Petition ; however, a review of the

Stipulation and Joint Petition left the undersigned with doubt that all of the relevant terms had been included. Accordingly, on December 16, 2020, an

Order Requiring Response Clarifying Terms of Stipulation and Joint Petition

was issued. On December 21, 2020, the Stipulation and Joint Petition was

refiled (Amended Stipulation and Joint Petition), in which the areas of

concern were clarified. After revi ew of the Amended Stipulation and Joint

Petition, this Final Order is issued approving the Amended Stipulation and

Joint Petition.

F INDINGS O F F ACT

Based on the stipulation of the parties, the following facts are found:

1. Ameni Selmi and Mondher Tahar Ghali are the parents and legal

guardians of Oubey, and are the “Claimants” as defined by section

766.302(3).

2. Oubey incurred a “birth - related neurological injury” as that term is

defined in section 766.302(2), on or about January 25, 2018, which was th e

sole and proximate cause of Oubey’s medical condition. Oubey died during

the pendency of this action on June 24, 2020.

3. At birth, Oubey weighed 3,770 grams.

4. Shereen Oloufa, M.D. , rendered obstetrical services in the delivery of

Oubey and, at all tim es material to this action , was a “participating

physician” as defined in section 766.302(7).

5. Orlando Health Central is a hospital located in Ocoee, Florida, and is

the “hospital , ” as that term is defined in section 766.302(6), where Oubey was

born.

6. Petitioners filed a Petition pursuant to section 766.305, seeking

compensation from NICA , and that Petition is incorporated herein by

reference in its entirety, including all attachments. Any reference made

within this document to NICA encompasses, where a ppropriate, the Florida

Birth - Related Neurological Injury Compensation Plan (the Plan).

C ONCLUSIONS O F L AW

7. The Division of Administrative Hearings has jurisdiction over the

subject matter and the parties to this proceeding pursuant to section 766.301.

8. Section 766.305(7) requires the presiding administrative law judge to

approve the settlement of any claim where NICA determines that the injury

is compensable.

C ONCLUSION

Based upon the Findings of Fact and Conclusions of Law, it is

ORDERED:

1. The Amended Stipulation and Joint Petition filed December 21, 2020, is

approved, and the parties are directed to comply with the provisions

contained therein.

2. Petitioners, Ameni Selmi and Mondher Tahar Ghali, as parents of

Oubey Ghali, are awarded One Hund red Thousand Dollars ($100,000.00) to

be paid as a lump sum payment, as authorized by section 766.31(1)(b).

3. Petitioners are also awarded payment of past expenses under section

766.31(1)(a), subject to the provisions of paragraph 19 of this Amended Stipu lation and Petition. It is noted that Petitioners have declined receipt of

the death benefit available pursuant to section 766.31(1)(b)2.

4. NICA will reimburse Ronald S. Gilbert, Esquire, of Colling Gilbert

Wright & Carter, LLC, an agreed - upon attorney’s fee of Ten Thousand

Dollars ($10,000.00) and expenses of Five Hundred Dollars ($500.00), for a

total of Ten Thousand, Five Hundred Dollars ($10,500.00), in full, for services

rendered in the filing of this claim.

5. Upon payment of the award of $100,000; p ast benefits/expenses; and

payment of the attorney’s fee and costs awarded to Petitioners’ counsel,

Petitioners’ claims shall be deemed fully satisfied and extinguished.

6. The Division of Administrative Hearings retains jurisdiction over this

matter to r esolve any disputes, should they arise, regarding the parties’

compliance with the terms of this Order.

D ONE A ND O RDERED this 29th day of December , 2020 , in Tallahassee,

Leon County, Florida.

L ISA S HEARER N ELSON

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 29th day of December , 2 020 .

C OPIES F URNISHED :

(via certified mail)

Ronald S. Gilbert, Esquire

Colling Gilbert Wright & Carter, LLC

Suite 830

801 North Orange Avenue

Orlando, Florida 32801

(eServed)

(Certified Mail No. 7020 0090 0000 8715 2858)

Kenney Shipley, Executive Dire ctor

Florida Birth - Related Neurological

Injury Compensation Association

Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(eServed)

(Certified Mail No. 7020 0090 0000 8715 2865)

David W. Black, Esquire

Frank, Weinberg & Black, P.L.

7805 Sou thwest 6th Court

Plantation, Florida 33324

(eServed)

(Certified Mail No. 7020 0090 0000 8715 2872)

Henry W. Jewett, II, Esquire

Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A.

15th Floor

201 East Pine Street

Orlando, Florida 32801

(eServed)

(Cert ified Mail No. 7020 0090 0000 8715 2889)

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7019 1640 0000 2306 2845)

Shevaun L. Harris , Acting Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(Certified Mail No. 7019 1640 0000 2306 2852)

N OTICE O F R IGHT T O J UDICIAL R EVIEW

Review of a final order of an administ rative law judge shall be by appeal to

the District Court of Appeal pursuant to section 766.311(1), Florida Statutes.

Review proceedings are governed by the Florida Rules of Appellate

Procedure. Such proceedings are commenced by filing the original notice of

administrative appeal with the a gency c lerk of the Division of Administrative

Hearings within 30 days of rendition of the order to be reviewed, and a copy,

accompanied by filing fees prescribed by law, with the clerk of the

appropriate District Court of Appeal. See § 766.311(1), Fla. Stat., and Fla.

Birth - Related Neurological Injury Comp. Ass'n v. Carreras , 598 So. 2d 299

(Fla. 1st DCA 1992).